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(영문) 수원지방법원 여주지원 2017.04.28 2017고단184
특수재물손괴
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, as a result of his mother's attending the Maternal Society, had his mother in order to prevent his mother from entering the Maternal Society, which is in the middle and fourth floor of Echeon-si, B, and C from entering the Maternal Society.

On February 7, 2017, the Defendant used two kitchen knife, which is a dangerous thing in S, around 21:50, the Defendant used two kitchen knife, which is an object dangerous to D, and damaged the property in the aggregate of 50,000 won of the market price by walking 10 percent of the victim E in the living room, which was in the living room, with the sound of “DB DBD,” cutting off, 3 the liquid owners who were suffering from the wall, laid up on the floor, and cutting up two kitchen knife, which is a dangerous thing, by taking two kitchen knife in the possession of the victim.

Accordingly, the defendant carried dangerous objects and damaged the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of investigation reports (Attachment of photographs to the scene of damage), investigation reports (the verification of CCTV images for crime prevention of f and felling people) Acts and subordinate statutes;

1. Relevant Article 369 of the Criminal Act; Articles 369 (1) and 366 of the Criminal Act; the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act, including observation of protection and community service order;

1. The scope of punishment by sentence: Imprisonment for one to five years;

2. Where the scope of the sentence recommended on the sentencing criteria [the scope of the recommended sentence] the scope of the sentence [the scope of the sentence] habitually, repeated crimes, special damage (Habitual, repeated crimes, special damage, etc.) is recovered considerably from the mitigation area ( April to October), the mitigation area (including the special mitigation person] the punishment not for the punishment (including the advanced efforts to recover damage), or significant damage is recovered;

3. The Defendant, at the time of committing the instant crime, was in possession of a dangerous object with the intent to pose a threat to the husband Eul at the time of the instant crime, and returned to the place where the instant crime was committed, and even if the said D did not have been in the place where the instant crime was committed, it seems that the Defendant committed the instant crime. As such, the Defendant appears to have committed the instant crime.

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